JUNE 2007

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STATE BUDGET 2007

In the state budget brought down yesterday there are 2 important measures that will affect property owners and buyers.

Abolition of stamp duty on mortgages

From 1st September 2007 – for all owner occupiers of residential property

From 1st July 2008 – for all other owners/buyers of residential property

From 1st July 2009- for all other owners/buyers of other property (commercial etc.)

A typical saving is $1,941.00 on a $500,000 mortgage.

There are 2 important points to bear in mind with these changes:

  1. The exemptions only apply to “natural persons” – not companies or trusts

  2. The exemptions apply to the “purpose of the loan” – not the property being mortgaged.  This means that, prior to 1 July 2008, full stamp duty will be payable on a mortgage to buy investment property – even if the security offered is the person’s own home.

Reduction of rate of Land Tax

The Land Tax rate will be reduced from 1.7% to 1.6% - of the unimproved value of property. The threshold remains at approximately $350,000.00.

The government has reaped an additional $295m from Land Tax – and handed back a mere $115m – by tinkering with the rate applied.

Land tax will continue to be a major disincentive for investment in New South Wales – in particular, (non-strata) residential property.

Consider this example. We recently had a client who sold a house for $1,370,000. It was previously the family home and only became an “investment” after the owner moved interstate.

The rental income is $735.00 per week – giving a gross return of 2.8% (not great!). However, after the deduction of rates, taxes and management fees (which includes land tax of $9,250.00) this return drops to a mere 1.8%.

Even at the new rate the amount of Land Tax would still be $8,700.00 (12 week’s rent!) and that assumes no increase in the land value!

Who would purchase a property with such a miserly return?

The answer is, probably no-one – unless there are other reasons to expect significant capital gains. These gains would have to be really significant, given that the cash loss on such an investment (if all the funds are borrowed) can be anything up to $80,000 EACH YEAR!!

In fact, in this case, the only reason why our client got caught was because she already owned the property and was not aware of the Land Tax trap before deciding to defer the sale.

I do not think the Land Tax changes will have any impact on the property market at all and the government will continue to skim the cream of this lucrative source of revenue.

WHAT TO DO ABOUT THESE CHANGES

I am writing today to let you know of our recommended strategies to extract the maximum benefit from these measures.

Firstly, the stamp duty exemption for home owners.  The abolition of stamp duty takes effect from 1st September 2007. The obvious tactic here is to defer any settlement until after this date. This does not mean that an actual purchase (exchange of contracts) cannot take place in the meantime. The critical point here is to make sure that the settlement date is set after 1st September 2007. This will allow sufficient time for the mortgage to be stamped (exempt) and then settlement arrangements made.

Secondly, the exemption for (loans to acquire) investment properties.  If the property being acquired is “residential” then the exemption will apply after 1st July 2008. For some time now I have been recommending that the time is now right to selectively purchase good residential property – in particular, offering a good return. One would expect the investment market to continue to be subdued until the stamp duty exemption comes into effect next year. This, I believe, will present an extended period to select appropriate properties for acquisition. Clearly, it would not be easy to negotiate a purchase now – with a settlement after 1st July 2008. But, as we draw closer to that date this will become a factor in negotiations for purchase.

Further information can be obtained from the Office of State Revenue web-site. Follow this link:

http://www.osr.nsw.gov.au/portal/page?_pageid=33,733756&_dad=portal&_schema=OSRPTLT

 

  1800 678 462

Regards

 

Paul Denny

Principal, Paul Denny Conveyancing Pty Ltd

 

 

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